SUMMARY OF SENATE BILL 421 as introduced 3-21-95:

The bill would amend the Revised Judicature Act (RJA) to require that a party to a civil proceeding, who compelled the appearance of a peace officer at that proceeding under subpoena or court order, pay to the officer's employer the actual wages earned by the officer for the period of attendance. The requirement would apply if both of the following conditions were met:

-- The peace officer's attendance related to an event he or she witnessed or took part in while performing his or her duties.

-- The peace officer's attendance occurred during a period of time in which he or she would otherwise be performing his or her duties.

"Peace officer" would mean any of the following employed by the State or by a city, village, township, or county:

-- A sheriff or sheriff's deputy.

-- A village or township marshal.

-- An officer of the Michigan State Police.

-- An officer trained and certified pursuant to the Michigan Law Enforcement Officers Training Council Act.

MCL 600.2552 Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on State and local government. Should a party be required to pay a peace officer's employer the actual wages earned for the period of attendance at a civil proceeding in which the officer's presence was requested by that party, the cost to that party likely would range from $150 per full day of attendance down to a lesser amount, depending on the officer's rank and the pay rate of the law enforcement agency involved. The payment would be deposited in the general fund of the governmental unit that employed the officer. The number of officers that testify in civil proceedings in the State is not known; therefore, the amount of funds a given governmental unit could receive in a given year under this bill cannot be determined at this time.

Fiscal Analyst: B. Baker

S9596\S421SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.

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